Florida District Courts of Appeal, 2000

Vazquez v. State

Vazquez v. State
Florida District Courts of Appeal · Decided August 9, 2000 · Gross, Hazouri, Polen
764 So. 2d 894; 2000 Fla. App. LEXIS 10125; 2000 WL 1140427 (Southern Reporter, Second Series)

Vazquez v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying Appellant Vazquez’ motion to correct illegal sentence. Vazquez’ offense was committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional. Trapp v. State, 760 So.2d 924 (Fla. 2000). On remand, the trial court shall determine whether resentenc-ing is required. See Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000); Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

POLEN, GROSS and HAZOURI, JJ., concur.

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